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Home My WebLink AboutDrainage Easement - James Leavesley - 35 WINDSONG LN �� L�� DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF GALVESTON § That UWe, James Leavesley (GRANTOR), being owners of the herein described property located in Friendswood, Texas, for and in consideration of the sum of Ten Dollars ($10.00) cash to me in hand paid by the City of Friendswood, Tegas, (GRANTEE) and for other good and valuable consideration, the receipt of which is hereby acknowledged, do grant, convey, sell, transfer, release, and forever quit-claim unto the said City of Friendswood, a municipal corporation situated in Galveston and Harris Counties, Texas, whose mailing address is 910 South Friendswood Drive, Friendswood, Texas 77546, its successors and assigns, a perpetual drainage easement, described by metes and bounds attached hereto as Exhibits "A" and made a part hereof for all purposes. This easement is granted for purposes including but not limited to construction, reconstruction, maintenance, repair, replacement or removal of drainage structures, subject only to the provisions and conditions herein specified. GRANTEE, its officers, agents, employees, successors, and assigns, shall have the right and privilege to enter upon the land covered by the easement, and all premises adjacent to the outside boundaries of said easement, to the extent necessary and at any time that GRANTEE deems proper far the purpose of exercising GRANTEE'S rights and privileges thereon or there- under pursuant to this conveyance; and for the purpose of removing trees, brush, undergrowth, and other obstructions interfering with the location, construction, reconstruction, maintenance, replacement or repair of drainage structures, authorized hereunder; and for ingress and egress to and from said easement. It is hereby understood, and by the acceptance of this instrument it is recognized, that GRANTOR retains title to all of the oil, gas, sulfur and other mineral interests in and under said easement, but expressly waives any and all rights of ingress and egress to the surface thereof for Paqe 1 of 4 • • the purpose of exploration, developing, mining, or drilling for the same; provided, however, that operations for exploration or recovery of any such minerals shall be permissible so long as all surface operations in connection therewith are located at a point outside of the above described easement, and upon the condition that none of such operations shall be conducted so near the surface of said easement as to interfere with the intended use thereof or in any way interfere with, jeopardize or endanger the facilities of the City of Friendswood or create a hazard to the public users thereof. Additionally, GRANTOR hereby grants, conveys, sells, transfers and confirms unto GRANTEE, its and their respective successors and assigns, a temporary construction easement 15 feet wide located along and adjacent to the permanent easement described in Exhibit "A" and attached hereto for GRANTEE'S use in constructing its facilities. The temporary construction easement shall terminate ninety (90) days after the commencement of the construction and installation of GRANTEE'S facilities into the permanent easement described herein, but in any event shall terminate no later than December 30, 2005. GRANTOR retains right of ingress and egress over and across GRANTEE'S easement and does hereby agree, bind, and obligate himself, his heirs, or assigns that no buildings shall be placed in, on or along said easement. To have and hold perpetually, the above described property and easement for said purposes, together with all the rights and appurtenances thereto in anywise belonging to GRANTEE, its officers, agents, employees, successors, and assigns, forever, upon the condition that GRANTEE will at all times, after doing any work in connection with the construction, reconstruction, repair, replacement or removal of said drainage structures, endeavor to restore said premises to the condition in which the same were found before such work was undertaken, and that in the use of said rights and privileges herein granted to GRANTEE will not do any act that will be detrimental to said premises. Executed this 7 day of a,c e ‘�‘ " , 2004. GRAN RS: Cam^ , Page 2 of 4 Printed Name: James Leavesley Printed Name: G TEE; City of Frien wood . , � � . Kim all W. Brizendine Mayor THE STATE OF TEXAS § § COLJNTY OF GALVESTON § BEFORE ME, the undersigned Notary Public, on this day personally appeared James Leavesley , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE THIS �th DAY OF �,�c��,� , A.D., 2004. :.�., ,�, ; . � .._ A . ...•`v'.. �� : � _ NOTARY P BLIC, in and for the STATE OF TEXAS �l!1�t Linda S. Thornton � ,,�, Prurted Name: .,'� .<� ' . � My Commission Expires: 08/l0/0� THE STATE OF TEXAS § § COUNTY OF GALVESTON § _ BEFORE ME, the undersigned Notary Public, on this day personally appeared Kimhall w. Brizendine , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GNEN iJNDER MY HAND AND SEAL OF OFFICE THIS 5th DAY OF ,7anuary , A.D.,20 �5 _i' , " � - ,� .. ��" -� . � ' � ��"' � � NOTARY PUBLIC, in and for the STATE OF TEXAS �r, r, �r,_ � :r 5�.��:�$��,. - � <<_ (1'•_� `,� . . �� Page 3 of 4 , Printed Name: LINDA S. THORNTON My Commission Expires: 08/10/0� AFTER RECORDING RETURN TO: City of Friendswood Attention City Secretary �� (+�"� LL�� 910 South Friendswood Drive Friendswood, Texas 77546 Page 4 of 4 EXHIBIT "A" TRACT 35 METES AND BOUNDS DESCRIPTION 14,354 SQUARE FEET OUT OF TRACT 35,WINDSONG SUBDIVISION GEORGE W. PATTERSON SURVEY, ABSTRACT NO. - 645 FRIENDSWOOD, GALVESTON COUNTY, TEXAS All that certain 14,354 square feet out of Tract 35, Windsong Subdivision (unrecorded) being out of George W. Patterson Survey, Abstract Number — 645 and being part of that certain Tract 35 described in a deed dated 07-14-1982 from J. W. Howes, III, Trustee to James Leavesley, et ux as filed in Official Records of Real Property of Galveston County at Clerk's File Number 82-20172, Film Code Number 001-77-0334 and being more particularly described be metes and bounds as follows (bearings based on the easterly line of Block 9, Sunmeadow, Section 3 recorded in Plat Record 15, Map Number 38-39 Galveston County Map Records to be S 06° 15' 03" W per Texas State Plane Coordinate System of 1983, South Central Zone); Beginning at a point marking the northeast corner of Lot 45 of said Block 9, Sunmeadow, Section 3; 1. Thence N 83° 26' 30" W — 6.90' with the north line of said Lot 45 to a point for corner marking the southeast corner of Tract 34, Windsong; 2. Thence N 06° 30' 01"E—20.00' with the east line of said Tract 34 to a point for corner; 3. Thence S 83° 26' 30"E—6.81' to a point for corner; 4. Thence N 06° 15' 03" E — 356.71' to a point oil the southerly right-of-way line of Windsong Lane (60' wide) for corner; 5. Thence S 48° 23' 32" E — 36.78' with the southerly right-of-way line of Windsong Lane to a point for corner; 6. Thence S 06° 15' 03"W—460.92' to a point for corner; 7. Thence S 87° 08' 31" W — 30.38' with the north line of that certain Tract 36 described in a deed dated 04-06-1972 from Alfred W. O'Far:ell, et alto Joe Winston Campbell, et ux as filed in Volume 2255, Page 611 Galveston County Deed Records to a point for corner; 8. Thence N 06° 15' 03" E — 110.31' with the east line of said Lot 45 to the POINT OF BEGINNING and containing 14,354 square feet of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L. Davis & Company Job Number: l 1-793-WS-TR 35 M&B.doc 11-02-2)04 11-793-WS-TR 35 M&B.doc FILEI� R�� EC��E� OFFiCIAL PUBLIC RECQRDS OF REAL PROPERTY f� , , t�# G .�d�i:��,i ��: • , � � 2005 FEB 01 10:44 A�i 20050065b4 � YOUNG_P �22.00 Mary Ann Dai91e aCOUNTY CLERK GALVESTONa TEXAS